ABHAY MANOHAR SAPRE,J. - (1.) This appeal is filed by the legal representatives of the defendant(tenant) against the final judgment and order dated 14.03.2011 passed by the High Court of Judicature at Allahabad in Civil Misc.Writ Petition No.17758 of 1998 whereby the High Court dismissed the petition filed by the defendant and upheld the order dated 22.04.1998 passed by the Additional District Judge-XI, Gorakhpur in Civil Revision No.15 of 1997 by which he dismissed the revision filed by the defendant and confirmed the order dated 02.08.1997 passed by the Small Causes Court in Small Cause Case No.42 of 1986.
(2.) In order to appreciate the issue involved in the appeal, few relevant facts need to be mentioned infra.
(3.) The appellants are the legal representatives of original defendant - Chandrabhan Singh - who died during the pendency of the civil suit whereas the respondents are legal representatives of Parasnath Gupta, Manager of the plaintiff-Shri Ramchander Ji, owner of the suit house.;